Fairfield RTM Votes To Approve Resolution To Save Penfield Pavilion

FAIRFIELD, CT — The Representative Town Meeting approved a resolution Thursday to spend $10.6 million to clear out contaminated soil, fix grade beams and save the Penfield Beach Pavilion, Fairfield's third legislative body to approve the measure.

Earlier this month, both the Board of Selectpersons and the Board of Finance approved the motion, which will help spare the town from losing the 10 percent discount on premiums under the National Flood Insurance Program.

The $10.6 million for the project will come from funds the town has set aside to deal with the removal of the contaminated soil from the fill pile scandal. On top of that, the town will add $1 million in federal American Rescue Plan Act money, which will bring the total cost of the project to $11.6 million.

Thursday's RTM vote was 29 in favor, seven against, and two abstentions, but several members from both parties expressed their frustrations over the situation the town is in with the pavilion.

The Federal Emergency Management Agency is requiring that Fairfield lower the building, after removing the contaminated fill, and also bring down the beach elevation. Both of which were raised erroneously when the town rebuilt the pavilion after it was heavily damaged by in Super Storm Sandy.

Fairfield has until March 31 to show FEMA that it is moving forward with funding and plan to deal with the pavilion situation, or risk the negative designation about the flood insurance. With all three legislative bodies approving the plan, the town will notify FEMA that it is complying.

If Fairfield had chosen not to comply with the FEMA requirements, and the town loses the flood insurance discount, it could take three years to get it back, according to First Selectwoman Brenda Kupchick.

At one point, RTM member Dru Mercer Georgiadis sought to buy more time by amending the resolution to only fund $5.1 million (plus the $1 million in ARPA funds) to get some remediation work done, but then take time to review more information and consider more options for the pavilion.

"My amendment is about more information and more time," she said, stressing that she believes the process has been rushed, and has not been transparent.

The amendment failed nine to 28, with several Democrats joining Republicans to defeat the motion.

Following the meeting, Georgiadis, in a statement to Patch, sought to explain her reasoning for the amendment.

"After much input from my constituents and calculating the risks and potential financial over run potential inherent in the 50/50 FEMA requirements, I determined that funding the initial 2/3 of the project tonight, but not the final construction phase, would allow for more time to evaluate both the financial risks and the potential flood risks created by the mandated 8-foot dune height, that the current proposal includes," Georgiadis said. "Additional and final funding could easily be approved in the months ahead."

In a statement to Patch after the meeting, Kupchick said she was relieved the RTM ultimately sided with the Selectpersons and the Board of Finance.

"I am relieved that the RTM voted in concurrence with the Board of Selectmen and Board of Finance in supporting the proposal to repair the pavilion," Kupchick said. "I am grateful we won't be losing this beautiful asset enjoyed by so many in our community."

She added, "We are all clearly frustrated that we have to spend hard-earned tax dollars to fix a problem that my administration inherited, in order to comply with a federal regulatory agency."

RTM member Liz Zezima, while acknowledging the pavilion situation dates back to the prior administration, agreed with Georgiadis that the matter has not been transparent. She said the current pavilion crisis was either manufactured by the administration, or born from incompetence.

Kupchick disagreed. "That being said, some of the comments at tonight’s meeting were unfortunate. There were accusations by members of the RTM that my administration has not been transparent or forthright during this process. I leave it to residents to make their own determination on my communication and the job I am doing. Leadership means making tough decisions no matter how difficult.

"I will be sending a letter to FEMA to ask for reconsideration on the insurance retrograde. I look forward to putting this chapter behind us," Kupchick said.

The approved resolution reads as follows:

A RESOLUTION APPROPRIATING $10,600,000 FOR COSTS RELATED TO CONSTRUCTION, REMEDIATION, AND ADDRESSING THE NOTICE OF VIOLATION AT PENFIELD PAVILION

WHEREAS, contaminated fill from the (Julian) fill pile was illegally deposited beneath Penfield Pavilion during construction;

WHEREAS, by state and federal law, the Town of Fairfield, Connecticut (the “Town”) is required to remove the fill in accordance with DEEP & EPA standards under a Consent Order;

WHEREAS, FEMA has determined the Town installed horizontal grade beams at a height that is in violation of federal floodplain management regulations;

WHEREAS, under federal law, the Town is required to bring Penfield Pavilion into compliance with FEMA regulations;

WHEREAS, the Town has received Notices of Violation from federal and state agencies that must be addressed.

WHEREAS, if the Town does not take corrective action by the end of March regarding the Notice of Violation, the Town faces a myriad of negative consequences that will impact residents and the Town;

WHEREAS, Penfield Pavilion is an asset to the community enjoyed by residents year round and cleaning the contaminated fill and lowering the grade beams is necessary to comply with all state and federal laws;

WHEREAS, the total costs for the remediation and construction at Penfield Pavilion, as well as, the cost to address the Notices of Violation is $11,600,000 (the “Total Costs”);

WHEREAS, the Town previously allocated and approved $1,000,000 in American Rescue Plan Act funding to be applied towards the Total Costs; and

WHEREAS, the Town is holding funds (the “Funds”) in its Capital Non-Recurring Fill Pile Remediation Account (the “Account”) and desires to appropriate $10,600,000 of the Funds to finance the balance of the Total Costs; and

NOW, THEREFORE, BE IT RESOLVED:
As recommended by the Board of Finance and the Board of Selectmen, the Town hereby appropriates the following sums from the Capital Non-Recurring Fill Pile Remediation Account for the following purposes:

$4,000,000 related to remediation at Penfield Pavilion;
$3,500,000 related to construction at Penfield Pavilion;
$3,000,000 related to work to address the Notices of Violation; and
$100,000 to fund the hiring of a coastal engineering firm to study and update the previous resiliency study pertaining to Penfield Pavilion